FAQ

General Litigation & Construction Litigation FAQ
- Is there anything I can do after a default has been entered against me in a lawsuit?
  
  Yes, Florida has a strong preference for lawsuits to be determined on the merits and courts should liberally set aside defaults under appropriate circumstances. However, to aside a default judgment, a party must show excusable neglect, a meritorious defense and move diligently to vacate the default. If it is determined that the judgment entered is void, rather than voidable, on a proper motion, a trial court is obligated to set it aside at any time regardless of the passage of time. A judgment is void when it is entered by a court lacking jurisdiction over the subject matter of the case or jurisdiction over the person or where there is violation of due process. It is important to obtain legal representation immediately upon being sued, and in the unfortunate event of having a default entered, immediately upon learning of the default.
- How much time do I have to respond to a complaint after it has been served?
  
  The computation of time under the law is not something trivial that should ever be overlooked. There are strict deadlines under the law that parties are required to comply with. Unless a different time is prescribed in a statute of Florida (for example, a tenant only has five days to answer an eviction complaint), a defendant must respond to a lawsuit in Florida state courts within 20 days after service of original process and the initial pleading on the defendant and in federal courts within 21 days after service of original process and the initial pleading on the defendant.
- Are arbitration agreements enforceable?
  
  Yes, arbitration agreements are standard provisions found in many contracts, including employment agreements, waivers and releases and sales agreements. The issue of arbitrability frequently arises in litigation. One of the parties will dispute the validity of the arbitration provision or dispute whether the arbitration provision covers the claims at issue. Arbitration agreements are a favored means of dispute resolution, and doubts concerning their scope are generally resolved in favor of arbitration.
- Can I be sued in Florida if I am not a Florida resident?
  
  It depends. Generally, in order to bring a non-resident to Florida to defend a case for breach of contract, there must be more than an obligation to pay in the state to support constitutional due process requirements. Florida courts have consistently held that an obligation to pay in Florida alone is not enough, even if the parties agree in their contract to jurisdiction in Florida. In the context of business transactions, this outcome renders many transactions meaningless since creditors find themselves with guarantors (for example) who reside elsewhere, and creditors find themselves having to pursue individual guarantors in different jurisdictions. Fla. Stat. §§685.101-102 is an alternative long arm provision which enables parties to consent to jurisdiction in Florida if certain conditions exist. The contract between the parties must (1) include a choice of law provision designating Florida law as the governing law, (2) include a provision whereby the nonresident agrees to submit to the jurisdiction of the Florida courts, (3) involve consideration of not less than $250,000.00 and (4) either bear a substantial or reasonable relation to Florida or have at least one of the parties to the contract must be a resident of Florida or incorporated under its law.
- Can a contractor combine charges due under two contracts into a single claim of lien?
Protecting Against Liability Issues for Commercial Real Property Owners and Insurance Coverage & Defense FAQ
- Is a landowner responsible for every injury or loss that occurs on its property?
  
  No, negligence is not synonymous with strict liability. A property owner is not liable for every single injury or loss merely because it occurred on its property. Rather, the plaintiff must establish that the property owner breached its duty of care owed to the plaintiff and that such breach was the cause of the plaintiff’s damages. In premises liability cases, the property owner’s duty to the plaintiff is dependent on the plaintiff’s status to the land. Rosenthal Law Group can assist property owners in identifying what duty of care it owes to its patrons, consumers and invitees and what property owners should do to avoid and/or minimize the risk of breaching that standard of care.
- What can be done to avoid liability for injuries or losses that occur on my property?
- Are waiver agreements enforceable against minors?
  
  Liability waivers against minors must follow the requirements set forth in Fla. Stat. §744.301. The waiver will not protect a property owner from liability from its own negligence but should protect the property owner against liability for injury or loss resulting from the inherent risks of the activity on the property. Rosenthal Law Group has extensive experience in drafting liability waivers and litigating the enforceability of liability waivers when faced with challenges to enforceability.
- Is my insurance company required to defend and indemnify a negligence lawsuit?
  
  Most (if not all) insurance policies require timely notice of a claim or suit. Compliance with a notice provision is a condition precedent to coverage. Promptly notify your insurer of any claim or lawsuit. There is a distinction between a duty to defend and a duty to indemnify. A duty to defend is broader than a duty to indemnify. A duty to defend is triggered if there is a potential for coverage while a duty to indemnity is triggered when there is actual coverage. Rosenthal Law Group helps property owners determine potential sources of insurance coverage when faced with claims and represents property owners and/or their insurers in defending against premises liability and negligence suits.
- What should I do if someone is injured on my property?
  
  Promptly notify your insurer of any claim or lawsuit. Preserve all evidence, including any video surveillance of the incident. All initial investigations, including accident reports and witness communications, should remain confidential and privileged. Rosenthal Law Group represents property owners and/or their insurers in defending against premises liability and negligence claims. It is important to retain an attorney from the very onset of the claim to perform an initial investigation into liability and damages, including contacting witnesses, serving subpoenas, and establishing attorney-client privilege issues.
Real Estate Brokers and Commission Payments FAQ
- When is a broker entitled to its commission and can a broker earn a commission if the closing does not occur?
  
  In Florida, a broker is entitled to a commission payment when that broker procures a purchaser or tenant that is ready, willing and able to proceed with the transaction. Because of the uncertainty concerning when a buyer or tenant is ready, willing and able, parties should enter into a commission agreement very early on. Whether and when a commission is owed is contingent on the specific details of each transaction and the express language drafted in the commission agreement.
  
  A procuring broker is the procuring cause of a sale or lease of real estate, when the procuring broker has: (1) brought the parties together; and (2) effected the sale or lease assignment as a result of continuous negotiations inaugurated by him or her.
  To be the procuring cause, the broker must show that: (a) he brought the property to the attention of the potential purchaser; and (2) the sale was consummated through the continuous negotiations between the vendor and the purchaser.
- Who pays the commission – seller, landlord, or both?
  
  Responsibility for payment of the commission varies by county dependent on the particular market and the type of transaction.
  
  The seller commonly pays the commission in the sale of commercial real estate, though parties may negotiate that the payment is shared between the purchase and seller, or that payment is to be made entirely by the purchaser.
  The landlord typically pays the commission for a commercial lease, though this may be negotiated by the parties so that the payment is shared between the tenant and the landlord. In a commercial lease situation, the commission is usually paid over a period of time outlined in a schedule attached to the commission agreement. For this reason, careful attention should be paid to the terms of the written brokerage agreement to avoid disputes over commissions.
- Is fee splitting allowed?
- Does Florida impose any statutory restrictions on commission rates?
- What is the range of negotiated rates?
- Does a broker need a written brokerage agreement to claim its commission?
Landlord & Tenant FAQ
- Does Rosenthal Law Group handle evictions on a flat fee basis?
  
  No. But you should consider that hiring a flat fee eviction attorney may not be the best solution.
  When considering whether to hire a flat fee eviction attorney, be sure to ask a lot of questions. The fee quoted assumes that the eviction will be uncontested. In other words, the flat fee quoted will only apply if the tenant ignores the fact that the landlord has filed an eviction action and simply lets a default judgment be entered against him/her/it. In our experience this almost never happens. No matter how hopeless a tenant's situation is, almost every tenant does something to avoid being evicted. Wouldn't you?
- Is the fee quoted for residential or commercial evictions?
- Who is handling my matter? A paralegal, secretary or an attorney with years of experience dong evictions?
- What is the timing of obtaining an uncontested eviction?
  
  At Rosenthal Law Group we expedite all evictions. After all, the Florida law is written specifically to make the process quick if you take advantage of the available rights and remedies. However, sending paperwork to the court by mail and letting the process work its way through the system usually is a less expensive way to handle the eviction process but inevitably delays even an uncontested eviction by many weeks. Some flat fee law firms state that the uncontested eviction could take 4-6 weeks or more to evict a tenant in an uncontested eviction. While there are never any guarantees, an uncontested eviction can be accomplished in far less time if the process is expedited. While the cost may be slightly more, time is money, and the quicker you regain possession of your premise the sooner you can re-let it and start making money.
- Does the flat fee eviction law firm have experience in commercial evictions?
  
  Rosenthal Law Group is a business law firm that handles all types of commercial matters including complex commercial litigation. Commercial evictions are just one of the areas where we have extensive experience. We do not handle residential evictions, but focus our attention on what we do best - commercial evictions. We have handled hundreds or commercial landlord tenant disputes. We provide unmatched experience handling all aspects of commercial evictions including distress for rent, suits for damages, enforcement of lien rights, emergency hearings, and defense of counterclaims filed by tenants. Alex Rosenthal has lectured on the subject of commercial landlord tenant actions and remedies and has authored substantive written materials relied upon by other experienced attorneys in the area of commercial landlord tenant law.
- Does the flat fee eviction firm provide you immediate and regular contact with a lawyer handling your matter?
  
  At Rosenthal Law Group you will speak directly with our attorneys and have immediate access by phone and email at all times to get regular updates on the status of your eviction. Constant communication is important no matter what your matter is and we pride ourselves on maintaining a high level of communication with our clients. Your eviction is the most important matter you have and we will treat it as such in our firm.
- Does the flat fee eviction firm provide legal representation and advice on your business and lease generally?
  
  When you retain Rosenthal Law Group to handle your matter, whether it is a general commercial dispute or a landlord tenant eviction, we believe you are hiring us to be your attorney for more than a single isolated matter. We will listen to you and consider anything we believe relevant to your business and suggest helpful advice to improve your situation. The eviction may be your current issue, but it can't be considered in a vacuum. This can only occur when your matter is handled by attorneys as opposed to paralegals and secretaries.
- What is the fee if the matter is contested?
  
  Once the matter is contested (i.e., any paper is filed by the tenant opposing the eviction), the so called flat fee eviction is no longer a flat fee eviction. You can expect to pay much more than originally expected since you will be charged on an hourly basis. No two lawyers charge the same per hour and certainly the hourly rate is usually commensurate with the level of experience of the attorney. However, if you assume that your eviction matter will be contested, you should ask what you will be charged per hour and consider whether you are comfortable with the experience of the attorney handling the matter at the hourly rate being charged.
Business & Commercial FAQ
- What types of business or commercial matters can your firm help with?
  
  Our legal team has achieved tremendous success for our clients in a wide variety of business legal matters, including but not limited to litigation, business torts, insurance coverage, general contract disputes, business law, change of ownership or corporate structure, business dissolution, construction law, construction litigation, commercial landlord tenant litigation, commercial landlord rights & responsibilities, general corporate counsel, mergers & acquisitions, employment & consulting agreements, corporate reorganizations, appeals, business, corporate & partnership disputes, breach of contract, tortious interference w/ contract, collections, employment & labor, protecting trade secrets, real estate litigation, and contract negotiation and disputes.
- How do I choose a qualified corporate litigation lawyer?
  
  The vital matter in corporate law is that your legal team has a history of successfully resolving complex corporate matters, and focuses on this area of practice. At Rosenthal Law Group, we have gained a reputation throughout Florida and have been retained as general corporate counsel by firms throughout the area. We have an accomplished team of creative legal professionals, and have achieved the coveted highest peer rating (AV rating) for ethical and professional standards.
- What can be done to avoid further employee lawsuits?
  
  Our society is fraught with danger for those who venture into the business world. Certain employees are determined to get paid off for imagined or exaggerated violations of employee law, and move through a variety of businesses filing suit and collecting settlements. Our litigious society makes the "business of doing business" even tougher, particularly for the business owner, who are providing employment and benefits to their employees. In order to seek to avoid further legal attacks from such parties, our legal team can assist in defending such attacks in court, as well as creating processes, contracts and releases used within the company to seek to avoid or deter successful lawsuits in the future.
- Is it possible to dissolve a partnership without serious financial losses?
  
  The dissolution of a business partnership or relationship must be addressed by a skilled and creative business litigation lawyer, seeking to avoid a costly dispute through negotiating reasonable terms. Although the parties involved are often unwilling to negotiate initially, creative intervention early in the process can assist in avoiding litigation. In some cases, taking the case to court is unavoidable, and ensuring that you have the full support of a skilled legal team from Rosenthal Law Group can allow you to proceed into court with confidence that your interests will be represented professionally. Our case development and presentation on our clients' behalf is comprehensive and will serve you well in either case.

FAQ

General Litigation & Construction Litigation FAQ

Protecting Against Liability Issues for Commercial Real Property Owners and Insurance Coverage & Defense FAQ

Real Estate Brokers and Commission Payments FAQ

Landlord & Tenant FAQ

Business & Commercial FAQ